(a) A licensed exhibitor or any other person or organization exhibiting fireworks who wishes to conduct a public fireworks exhibition within the City shall apply for approval to conduct the exhibition to the Director of Toledo Fire and Rescue Department or his/her designee and the Police Chief.
The required approval shall be evidenced by the Director of Toledo Fire and Rescue Department or his/her designee or Fire Prevention Officer and the Police Chief signing a permit for the exhibition, the form for which shall be prescribed by the State Fire Marshal. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the Fire Marshal or, if it is available, from the Director of Toledo Fire and Rescue Department or his/her designee, Fire Prevention Officer or Police Chief.
(b) Before signing a permit and issuing it to a licensed exhibitor of fireworks, the Director of Toledo Fire and Rescue Department or his/her designee or Fire Prevention Officer and the Police Chief shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show his license as an exhibitor of fireworks to the Fire Chief or Fire Prevention Officer and the Police Chief.
The Director of Toledo Fire and Rescue Department or his/her designee or Fire Prevention Officer and the Police Chief shall give their approval to conduct a public fireworks exhibition only if they are satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.53(B) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Director of Toledo Fire and Rescue Department or his/her designee or Fire Prevention Officer and the Police Chief may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke the permit for noncompliance with the rules.
(c) The Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and the Police Chief shall not issue a permit until the applicant pays a permit fee of one hundred and fifty dollars ($150.00) plus any necessary costs of investigation of the applicant and of inspecting the premises on which the exhibition will be conducted.
Each exhibitor shall provide an indemnity bond in the amount of at least one million dollars ($1,000,000), with surety satisfactory to the Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and the Police Chief, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death or loss to persons or property emanating from the fireworks exhibition, or proof of insurance coverage of at least one million dollars ($1,000,000) for liability arising from injury, death, or loss to persons or property emanating from the fireworks exhibition. Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this subsection. The Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and Police Chief shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this subsection.
(d) (1) Each permit for a fireworks exhibition issued by the Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and the Police Chief shall contain a district number together with a designation of the City. A copy of each permit issued shall be forwarded by the Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and the Police Chief issuing it to the Fire Marshal, who shall keep a record of the permits he receives. A permit is not transferable or assignable.
(2) The Director of Toledo Fire and Rescue Department or his/her designee, Fire Prevention Officer and Police Chief shall keep a record of issued permits for fireworks exhibitions. In this list, the Director of Toledo Fire and Rescue Department or his/her designee, Fire Prevention Officer or Police Chief shall list the name of the exhibitor, his license number, the premises on which the exhibition will be conducted, the date and time of the exhibition and the number of the permit issued to the exhibitor for the exhibition.
(ORC 3743.54; Ord. 130-87. Passed 2-17-87; Ord. 183-13, Passed 4-16-13.)